IS POT LEGAL?

Local News - KAWARTHA LAKES - An Ontario Superior Court of Justice ruling
that possession of marijuana is not against the law has left the province
in a state of 'legal limbo', police officials have charged.

The Ontario Association of Chiefs of Police released earlier this week what
it refers to as a 'stinging rebuke to elected officials who have failed to
act on a recent court decision effectively legalizing simple possession of
marijuana'.

"At a time when the combined efforts of all levels of government seem to be
focused on creating healthier lifestyles, preventing smoking, getting
people off drugs, and prolonging life, we are shocked that law enforcement
and the citizens of Ontario have been left in a state of confusion,
uncertainty and danger over the laws relating to the possession of
marijuana," Chief Tom Kaye, president of the OACP, stated in the release.

Kawartha Lakes Police Service Police Chief Randy Martin agreed with Kaye's
comments and said he is annoyed with the current legal confusion and the
federal government's interest in decriminalizing possession of small
amounts of marijuana.

"Substance abuse remains a major concern in our country and yet at the same
time, considerations are being given to decriminalize marijuana," Martin
told The Daily Post. "There are those who would argue that the use of these
so-called 'softer drugs' will not lead to the use of harder drugs. I
disagree. I think society likes to turn a blind eye to what they call 'soft
drugs'."

Martin said until the laws surrounding possession of marijuana are settled,
there is little police or bylaw enforcement officers can do to prevent use
of the drug anywhere, whether it's in someone's car or in local smoke-free
bars and restaurants.

"Look at something as simple as the smoking bylaw. It makes reference to
cigarettes, it doesn't make reference to marijuana," Martin pointed out.
"Police officers can charge an individual who is drinking a beer while
driving a motor vehicle, but can do nothing if the individual driving is
smoking a marijuana cigarette. Similarly, a 12-year-old cannot legally
obtain a cigarette, but can possess and smoke marijuana because of how the
laws are currentlybeing interpreted by the courts."

As for being able to smoke pot in establishments across the city, CAO Jane
Lunn told The Daily Post that as of right now, she believes the smoking
bylaw would include a ban on the use of pot, along with tobacco.

"We just deal with it in the context of smoke," Lunn said of the current
Kawartha Lakes smoking bylaw. "To smoke is a verb, which includes the
carrying or use of a lighted cigar, cigarette, pipe, or any other lighted
or similar equipment or device."

While Lunn said the smoke from a marijuana joint would likely fall into the
definition of smoke, there is a possibility the drug could slip through the
bylaw.

"I would say that arguably, it (pot smoke) would qualify under the context
of 'other lighted or similar equipment or device'," she said of her opinion
on the wording. "That's really a legal question. It would have to be put to
the test at some point in time."

The verdict on whether or not possession of pot is illegal in the province
is already being put to the test, as the Ontario Superior Court of Justice
ruling that possession of marijuana is not an offence 'known to law' is
being appealed by the federal Department of Justice. Until the issue is
resolved, however, Ontario courts are refusing to hear cases of possession
of pot.

The Police Service, which handles all of Lindsay and Ops, is currently
avoiding sending its cases of possession to the courts, instead opting to
do the preliminary work on the incidents involving possession of marijuana,
with the intention of potentially pressing charges after the legal
confusion is sorted out.

The City of Kawartha Lakes OPP, which polices the remainder of the city, is
still conducting business as usual and is laying charges for possession of pot.